What Are Mesothelioma Claims?
Mesothelioma claims are legal actions taken by victims diagnosed with mesothelioma (or their family members) to get justice and financial compensation for their illness.
These claims are filed against the companies who manufactured asbestos-containing products and sold them to the public without disclosing that they could cause mesothelioma and other related cancers.
Why Should I File a Mesothelioma Claim?
Filing a mesothelioma claim can help you:
- Get money for treatment, lost wages, travel costs, and more
- Force asbestos companies to take responsibility for harming you
- Provide financial security for your family
- Secure justice for a loved one who passed away from mesothelioma
If you or a loved one has mesothelioma or another asbestos-related illness, you may be able to file claims for compensation. Learn more about your legal options during a free, no-obligation consultation.
Types of Mesothelioma Claims
There are several types of mesothelioma claims to consider based on your specific case. Learn more about each type of claim below.
Personal Injury Claims
Personal injury claims are filed by patients diagnosed with mesothelioma against asbestos product manufacturers for causing their illness.
A mesothelioma lawsuit begins once the patient’s lawyer files their claim. The lawyer will work to get compensation from negligent manufacturers through a settlement or trial verdict.
Money from a personal injury claim can help cover the costs of medical treatments and related expenses like travel and lodging. It can also provide financial security for the patient’s family.
Arthur and Jan Putt’s lives were changed forever after Arthur’s mesothelioma diagnosis in 2018. Thankfully, they found peace of mind by working with Simmons Hanly Conroy, a national mesothelioma law firm. Call (866) 608-8933 today to request your free case review. View Transcript.
Duration: 4 min 21 sec
Arthur Putt:
What we do every night, we sit together and we’ll watch TV, and then at 07:00, we have our ice cream
bar.
Jan Putt:
My name is Jan Putt. I’m married to Art who was diagnosed with mesothelioma in April 2018. Originally,
the doctor said he would have possibly six months to a year, and that was four years ago. So I love him. I
still got him.
Arthur Putt:
I feel sorry for somebody that loses someone and they don’t have that time to say what they think or
last or how they feel. We do it every day, and it has been that way even before this happened. We did
everything together, remodeling our homes and stuff like that, her woodworking.
Jan Putt:
We used to go out for long drives, just go out sightseeing, and we’d be gone for four or five hours.
Arthur Putt:
We never get tired of being together.
Jan Putt:
His very early symptoms were just a very light hacky cough, and I couldn’t get him to go to see the
doctor until it got a little worse one day and he decided maybe he needed to go see somebody. They did
a X-ray and they thought he had pneumonia, but the radiologist wasn’t happy with that and wanted
more tests. So they did some scans, and that was the first time they said he had mesothelioma.
Arthur Putt:
It was kind of good to know that there was no cure for it in a way. I was able to make the best out of my
life from that point on. We just got positive about it, that I was lucky to have time, to spend quality time
with her and say what I wanted to say, and not just all of a sudden be gone. So we cherish every day of
it.
I really wasn’t much of a mechanic at first. I got a job at a service station. We did a lot of brakes. That
was probably our, besides tune-up, that was our next busiest thing. We had done it the old-fashioned
way and we had dust everywhere.
Jan Putt:
We filed a mesothelioma lawsuit because we had family members and stuff that encouraged us to do it.
Our daughter in Indiana knew somebody that had worked with Simmons Hanly Conroy and had had a
very good experience.
Come on in.
John Barnerd:
It’s so good to see you.
Jan Putt:
John first came here and we had several meetings with him and crowds of people at times.
John Barnerd:
Within about nine or 10 months, I think from when we had filed the case-ts
Arthur Putt:
We had four settlement jury verdict, and only one we had to go to court for. The one thing that shocked
and amazed me was when they called me in to see them. I walked in there and it must have been 8, 10
lawyers in there all working on this thing.
What he did for us, made our financial situation a whole lot better. We gave all that money to our kids,
paid our house off. It made our life a little easier. We’ve got no financial worries, and that makes it
easier for me to know that she’s taken care of, and we have John and his firm to thank for all that.
What I tell people, is it’s the one good thing that came out of something bad. I can’t say how miserable
this would be without him and what he did and his firm, and his family as far as we’re concerned.
Mesothelioma Claims After Death
People whose loved one passed away from mesothelioma may be able to file an asbestos claim after their death.
A mesothelioma wrongful death claim is a specific type of legal action taken to hold manufacturers of asbestos-containing products accountable for a spouse or family member’s death.
Wrongful death claims can award the victim’s family members with mesothelioma compensation for lingering medical expenses, funeral costs, and pain and suffering.
Most wrongful death and personal injury mesothelioma claims are settled out of court.
Asbestos Trust Fund Claims
By the early 1980s, some asbestos companies began declaring bankruptcy to get out of paying legal claims for asbestos. In response, bankruptcy courts required these companies to establish asbestos trust funds to compensate current and future victims outside of the legal system.
As of October 2023, there’s over $30 billion already set aside in trust funds for victims of asbestos-related diseases. Most victims can file mesothelioma claims with multiple trusts, increasing their potential compensation.
An experienced mesothelioma lawyer may be able to help you file trust fund claims with the companies that caused your illness. See if you can access trust fund compensation now.
VA Benefits
From the 1930s to the early 1980s, the U.S. military relied heavily on asbestos-containing products to build ships, vehicles, and other assets without knowing the health risks. As a result, one-third of patients diagnosed with mesothelioma are veterans.
In addition to filing mesothelioma claims, veterans can access VA benefits if they developed mesothelioma from service-related asbestos exposure.
VA benefits include:
- Monthly disability payouts totaling nearly $4,000
- Extra compensation for in-home care and other health needs
- Treatment from VA-affiliated mesothelioma doctors
- Survivor benefits for spouses and dependent children
- And more
Filing a veterans claim can be time-consuming, but Mesothelioma Hope has VA-accredited agents who can help make the process quick and easy. Call us at (866) 608-8933 now to get started.
Mesothelioma Claim Amounts
The amount of money awarded from a mesothelioma claim varies based on the facts of each case and which type of claim is filed. Learn more about average payouts for each type of mesothelioma claim below.
Mesothelioma Settlements
Personal injury and wrongful death mesothelioma settlements award an average of $1 million to $1.4 million, based on data published in Mealey’s® Litigation Report: Asbestos.
Nearly all personal injury claims (99%) reach a settlement. This means you have a good chance of getting compensation without having to appear in court.
Mesothelioma Trial Verdicts
If your mesothelioma claim goes to trial, you’ll receive financial compensation if the judge or jury decides the asbestos companies named in the lawsuit are responsible for your illness.
The average trial verdict for a mesothelioma claim is $5 million to $11.4 million, according to Mealey’s® Litigation Report: Asbestos.
Some notable mesothelioma trial verdicts awarded in 2023 include:
- $107 million for the family of a California janitor who died from mesothelioma after being exposed to wall compound made with Union Carbide asbestos
- $40.25 million to the family of a California engineer who developed mesothelioma from working with asbestos gaskets made by John Crane
- $20 million to the widow of a Connecticut window worker who got mesothelioma after handling glazing and sealant materials that contained asbestos
Asbestos Trust Fund Payouts
On average, victims who file trust fund claims for asbestos receive $300,000 to $400,00 in total compensation.
Asbestos victims usually get payouts from more than one trust fund due to the number of companies that might be at fault for their illness. Some individuals have received over $2 million in total trust fund compensation.
Each trust pays a different amount of money, so how much you actually receive can vary based on the number of trusts you file claims with and their individual payment rates.
VA Benefits Amounts
Veterans diagnosed with mesothelioma usually qualify for a 100% disability rating from the VA, which allows them to receive the maximum amount of disability compensation available.
As of 2023, veterans who are 100% disabled receive $3,621.95 per month if they’re single and $3,823.89 per month if they’re married.
Filing an asbestos claim won’t impact your VA benefits. Request a free legal consultation with our partner law firm today to learn more about how much you could get for your mesothelioma claim.
How to File a Mesothelioma Claim
The best way to file a mesothelioma claim is to work with an experienced attorney at a national law firm. Your lawyer can handle every aspect of the mesothelioma claims process while you focus on getting treatment and spending time with family.
The mesothelioma claims process generally follows these three steps:
It’s important to find a qualified mesothelioma lawyer who knows how to file an asbestos claim. One simple mistake in the filing process could delay your claim and any payouts you receive.
How Long Does It Take to File a Mesothelioma Claim?
The time it takes to file a mesothelioma claim depends on several factors, including how much documentation needs to be gathered. Generally, however, the process is relatively quick once you’ve made the decision to file.
Once your claim is filed, you may start getting compensation in as few as 90 days. Some lawsuits take 12-18 months to be fully resolved.
An experienced mesothelioma lawyer can provide a more accurate estimate based on your specific situation.
Use our Free Attorney Checklist to make sure all of your questions are answered when meeting with a mesothelioma lawyer.
What Is the Statute of Limitations on Mesothelioma Claims?
The average mesothelioma claims time limit is 2-3 years after diagnosis.
However, the statute of limitations for mesothelioma differs for each case based on state laws and other factors. An asbestos lawyer can help you and your family navigate the laws in your state.
Even if the statute of limitations in your case has expired, you can still contact a lawyer to see what other legal options are available.
State statutes of limitations don’t apply to asbestos trust funds in most cases. Each trust sets its own time limits for filing a claim. Find out if you can access compensation from asbestos trusts now.
Insurance Claims and Other Mesothelioma Compensation
In addition to filing legal and veterans claims, mesothelioma patients can file insurance claims for their illness and treatment. Learn more about these other types of asbestos claims and benefits below.
Insurance Claims
Since mesothelioma cancer is expensive to treat, most patients file claims with public or private insurance to help cover their medical bills.
Patients can file claims using:
- Medicare and Medicaid: These federal programs cover some health care expenses for seniors and people with low household incomes.
- Private insurance: Patients who have private health insurance can ask what their policy covers to determine how much money they’ll need to pay out of pocket after their medical claims are filed.
- Social Security Disability Insurance (SSDI): Patients under the age of 65 can receive monthly disability checks if they’ve worked long enough to qualify to receive Social Security retirement benefits.
However, these insurance programs usually don’t pay enough to cover the total cost of mesothelioma treatment or the unexpected expenses that come with it, such as multiple trips to and from the hospital.
If you’re concerned about the cost of treatment, Mesothelioma Hope can share free financial resources that may help. Contact us today to learn more.
Workers’ Compensation Claims
Workers’ compensation is a type of insurance for employees who are injured in the workplace. Employees who were exposed to asbestos on the job may be able to file a workers’ compensation claim for mesothelioma.
However, mesothelioma workers’ compensation claims pay around $41,000, which is much less money than you are likely to receive from a lawsuit and asbestos trust fund claims.
Workers’ comp claims also require you to take action against your former employer instead of the companies who made the asbestos-containing products that caused your cancer.
Get Help Filing a Mesothelioma Claim
The manufacturers of asbestos-containing products knew they were putting hardworking people in harm’s way for decades. Sadly, they continued to make and sell their goods without disclosing the health risks.
If you or someone you know developed mesothelioma after being exposed to asbestos products, you deserve compensation for the harm these companies have caused.
Mesothelioma claims can help you get the financial compensation you need to pay medical bills and other expenses and give you peace of mind knowing your family’s future is secure.
Request a free legal consultation today to get help filing a mesothelioma claim.
Mesothelioma & Asbestos Claims FAQs
What is a mesothelioma claim?
A mesothelioma claim is a legal request for compensation filed by someone who became ill from asbestos exposure, or by someone who had a loved one pass away from an asbestos-related illness.
The goal of a mesothelioma claim is to hold companies responsible for exposing the victim to asbestos accountable for their negligence.
What is the average compensation for a mesothelioma claim?
The average compensation for a mesothelioma claim is $1 million to $1.4 million if the case is settled outside of court.
The best way to estimate your case value is to get a free case review from an experienced asbestos lawyer.
Who pays mesothelioma claims for asbestos exposure?
Mesothelioma claims for asbestos exposure can be paid by:
- Asbestos product manufacturers & distributors
- Asbestos trusts
- Employers
- Insurance companies
- The U.S. Department of Veterans Affairs (VA)
A qualified asbestos attorney can help identify who’s at fault and file mesothelioma claims to secure compensation for victims and their families.
How long do mesothelioma claims take?
The payout timeline for mesothelioma claims depends on the type of claim, but some people start to receive compensation within 90 days of filing.
A lawyer can explain the process and give you a more accurate estimate of how long your mesothelioma claim should take.
Get a free case review with a mesothelioma lawyer today to learn more.
How much is a mesothelioma case worth?
Mesothelioma case values vary depending on the specifics of your case and which type of claim you file.
Mesothelioma settlements pay between $1 million and $1.4 million on average. Trial verdict awards are often worth much more (if the court rules in your favor), averaging $5 million to $11.4 million.
Who pays asbestos claims?
Asbestos claims can be paid by asbestos manufacturers and companies, asbestos trusts established by bankrupt manufacturers, public and private insurance companies, and the federal government.
If you’re considering filing an asbestos claim, it’s important to talk to a mesothelioma lawyer to fully understand your potential sources of compensation.
